Mr. Speaker, I would like to advise the House that I will share my speaking time with the hon. member for Vancouver East.
As the member for Vaudreuil, I am especially proud of the fact that the government tabled this bill. This bill recognizes sexual orientation as a prohibited ground of discrimination in Canada.
The bill amends the Canadian Human Rights Act by adding sexual orientation to the prohibited grounds of discrimination already listed in the act, including race, colour, religion and sex.
This will bring the wording of the act in line with court decisions prescribing that sexual orientation be included in or added to the list of prohibited grounds of discrimination contained in the act so that the act will be consistent with the Canadian Constitution.
The Supreme Court of Canada unanimously recognized that sexual orientation was a ground of discrimination similar to those listed in section 15 of the Canadian Charter of Rights and Freedoms. The charter applies to all legislation passed by this Parliament, including the Canadian Human Rights Act.
The proposed amendment will make this act consistent with the rights protected under the charter as well as with court decisions granting gays and lesbians the same protection against discrimination as other Canadians enjoy.
Those who object to sexual orientation being recognized as a prohibited ground of discrimination make it a matter of moral values, when this is mainly a legal matter. No one in this country should be discriminated against on the basis of sexual orientation. This is a basic matter of justice and fairness. We have no business judging people on the basis of their homosexuality or heterosexuality. On the other hand, we have a duty to protect all Canadians against discrimination in our society.
The courts and people of Canada have recognized the fact that gays and lesbians form a vulnerable group. They have historically been disadvantaged and been the victim of stereotypes, social biases and considerable discrimination in our society.
No individual should be less deserving of being recognized as a full fledged member of Canadian society because of his homosexuality. All deserve the same respect, the same consideration and the same protection under the law of the land.
According to recent polls, most Canadians feel that gays and lesbians should enjoy legal protection against discrimination as regards employment and services. Canadians support the amendment to the Canadian Human Rights Act to include sexual orientation as a prohibited ground of discrimination.
All recognize that sexual orientation, like sex, race or religion, should not have a bearing on the right to employment or services. The Canadian Human Rights Act seeks to prevent discrimination at the federal level in the areas of employment and provision of goods and services. It applies exclusively to federally regulated departments, agencies and corporations. The act provides a recourse to anyone fired or unfairly treated by an employer, or to whom goods or services are refused on the basis of a prohibited ground of discrimination.
Gays and lesbians must enjoy the same legal protection as all Canadians, so that no one in our country is a victim of discrimination on the basis of sexual orientation. This amendment provides such victims with a quick and inexpensive way to engage in a conciliation and settlement process.
Eight provinces and territories already prohibit discrimination based on sexual orientation in their own human rights legislation. They are Quebec which, since 1987 already, has had such an act, as well as Ontario, Manitoba, the Yukon, Nova Scotia, New Brunswick, British Columbia and Saskatchewan.
This amendment aligns the federal act with the provincial ones, while also ensuring that it provides the same protection to any person who is discriminated against on the basis of sexual
orientation. The amendment promotes greater fundamental justice and equity for all Canadians.
Some people have raised various concerns regarding this amendment. It is important to address these concerns. First, the protection granted to homosexuals does not apply in the case of pedophilia. Judicial and administrative tribunals have interpreted the expression "sexual orientation" as meaning homosexuality, heterosexuality and bisexuality. Pedophilia is a specific crime in the Criminal Code, regardless of whether it is committed by a heterosexual or a homosexual: it has nothing to do with someone's sexual orientation.
In addition, this amendment does not call into question the definition of the family, marriage or spouse, or the fundamental role of the family in Canadian society. Neither does this amendment lead to the automatic recognition of benefits for same sex partners, or open the door to homosexual marriages or the adoption of children by homosexual couples.
The sole purpose of this amendment is to provide protection for gays and lesbians against discrimination with respect to employment and the provision of goods and services in areas under federal jurisdiction. It must also be pointed out that the Canadian Human Rights Act does not apply to religious, cultural or educational institutions under provincial regulation. This amendment will therefore not affect these institutions. The fears raised by this amendment do not, in general, take sufficient account of the context and true scope of this amendment.
We believe that this amendment is necessary in order to ensure a certain basic equity in order to protect all Canadians against types of discrimination they encounter in their daily lives.
The Canadian Human Rights Act, more than any other kind of legislation, reflects the values of a country and of a people. Tolerance, equity, and justice are fundamental principles of our Canadian identity. Canada is recognized internationally as one of the countries in the world with the greatest respect for human rights. We cannot accept that people in this country continue to be victims of discrimination in the workplace because of their sexual orientation. The purpose of this amendment is to correct precisely this situation and to ensure greater equity for all Canadians in our society.
Canadian society recognizes the importance of an individual's right to be respected. Each individual is unique and distinct, and must be able to count on the same protection under the law. Everyone has a sexual orientation, whether it is heterosexual or homosexual, and this distinction must not be used to justify different protection from that enjoyed by the majority of Canadians against discriminatory practices. This amendment makes it possible to end discrimination against gays and lesbians in federal work places or in federally regulated businesses, such as banks or airlines.
The exclusion of sexual orientation in Canadian legislation offers basic protection against discrimination, such as in the case of dismissal, or the refusal to provide services simply because a person is gay or lesbian.
Although this is only a minor amendment to the act, I would like to conclude by saying that this bill nonetheless constitutes an essential amendment to ensure equal treatment and opportunities for all Canadians. This bill will help build a society in which discrimination is not tolerated and in which there is equal protection for all individuals. This amendment makes it possible to ensure that gays and lesbians receive the same basic protection against discrimination enjoyed by all other Canadians. It is a question of rights, of justice and of fundamental fairness.